In re Denise M. W.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed, on the law, without costs, and petition dismissed. Memorandum: Family Court erred in entering an order adjourning this proceeding in contemplation of dismissal (see, Family Ct Act § 749). The Law Guardian’s motion to dismiss the petition made at the close of the fact-finding hearing should have been granted. The allegations of the petition failed to allege, and the evidence at the hearing failed to establish beyond a reasonable doubt as required by Family Court Act § 744, that the juvenile was "a person in need of supervision” within the meaning of Family Court…
2Cases cited3 opinions
- In re Raymond O.New York Court of Appeals · 1972
- In re David W.New York Court of Appeals · 1971
- In re Erik P.Appellate Division of the Supreme Court of the State of New York · 1973
3Cited by3 opinions
- In re Ejiro A.Appellate Division of the Supreme Court of the State of New York · 2000
- In re Tanya B.Appellate Division of the Supreme Court of the State of New York · 1987
- In re Cassandra R.New York City Family Court · 1992